Russia: “Dribbler” and “Dribbling” are confusingly similar

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Russia: “Dribbler” and “Dribbling” are confusingly similar

Sponsored by

gorodissky-400px.png
Moving soccer ball around splash drops on the stadium field.

A trademark application for Class 41 was filed under No 2018735958 with a priority date of August 20 2018.

russia-ib-april-1.png

Examination was conducted and the registration was refused. The examiner stated that the claimed designation is confusingly similar to the trademark under registration No 610062 in Class 41.

russia-ib-april-2.jpg

The cited trademark is registered in the name of another person and has an earlier priority. The applicant appealed the decision of the patent office at the Chamber of Patent Disputes. The Chamber of Patent Disputes noted that the claimed designation is a combined designation, with “Dribbler” being the dominant element. It focuses the attention on the upper part of the designation. Overall perception of the designation begins with this element. It is easier to memorise in comparison with the non-protected combination of figures which are in fact a background and an illustration for the word which carries the basic individualising weight.

The cited trademark according to registration No 610062 with priority of February 4 2016 is a combined designation with the dominating word element “Dribbling.” It is easier to memorise than the elements in the form of a stylised picture of the Latin letter “D” and a ball represented as a circle. The letter “D” is the initial letter of the word. Both play a secondary role and serve as a decorative embellishment and illustration for the word carrying the main individualising load.

Comparative analysis of the claimed and cited designations shows that they are similar because both have a basic individualising element, the words “Dribbler” and “Dribbling” dominating the designations.

The appellant argued that the word “Dribbling” has different meanings. The Chamber of Patent Disputes agreed with that but noted that those other meanings exist in very narrow fields, such as chemistry, the automotive industry, construction materials or may be attributed to less decent vocabulary. In any case, none of that is applicable to Class 41.

The above semantic meaning of this word (manoeuvring a ball by one player) relates to common parlance, i.e. is in general use. There are some differences in the designations. However, those differences, such as colour, the font, the number of letters, the outer appearance, compositional placement of other elements, play a subordinate role in the perception of those designations.

The circumstances explained above by the Chamber of Patent Disputes lead to the conclusion that the claimed designations may be associated with each other despite their differences hence they are confusingly similar.



more from across site and SHARED ros bottom lb

More from across our site

Six hires across the IP spectrum reflect Orrick’s efforts to better serve tech clients across the IP lifecycle
David Stone, partner at White & Case, argues that the government’s planned reforms will modernise and futureproof UK design law, but leave two of the thorniest problems unresolved
Max Scott will join the firm’s IP transactions group in California, becoming the latest Weil IP partner to secure their future
Yonatan Drori, attorney at Drori-Stav IP in Israel, explains why foreign counsel must treat Israel’s patent disclosure requirements as an ongoing obligation, rather than a one-off formality
From Japan to Southeast Asia, domestic and regional firms picked up some of the biggest prizes, while key foreign players maintained momentum
Earlier this month, Managing IP had exclusively reported that the French arm of Taylor Wessing was minded to pull out of the deal
Our latest podcast examines how Weil’s IP practice evolved, where its practitioners could (and will) go next, and which firms and markets stand to benefit from the redistribution of talent
Former Latham partner Chris Henry and transactions lawyer Liza Cotter are heading to the firm as Weil’s IP practice starts to disperse
Rival IP teams return to court for a closely watched appeal over AI and copyright, but observers hoping for answers to some of the technology’s biggest legal questions may be left disappointed
Eight years after its launch, members of the Australian patent firm’s Singapore office explain its growth strategy over the past year
Gift this article